In recent years, state Attorneys General (AGs) have taken a more active approach in antitrust enforcement matters related to mergers and acquisitions. For example, earlier this year, laws in Washington and Colorado requiring parties to submit pre-merger notification filings went into effect. AGs are also generally enforcing the antitrust laws more aggressively — ensuring that
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McDermott Discusses Changes to California Antitrust Law
On October 6, 2025, Governor Gavin Newsom signed into law California Senate Bill No. 763 (SB 763), effective January 1, 2026, which increases the maximum corporate criminal antitrust penalties in California to $6 million and provides for new civil penalties of up to $1 million in cases brought by the California attorney general. The new…
Why Corporate Lawyers Should Care About Supply Chain Resiliency in Emerging Technologies
On September 2, 2025, U.S. Representative Zachary Nunn sent a letter to the chair of the Committee on Foreign Investment in the United States (CFIUS) highlighting concerns over ownership transparency of certain bitcoin mining firms and suppliers connected to China. The national security attention on bitcoin mining supply chains reveals why corporate boards and their…
Superstar CEOs and the Limits of Fiduciary Law
Elon Musk is once again testing the boundaries of the law on fiduciary duties. In September 2025, Tesla proposed to give him a new compensation package valued at more than $1 trillion, the largest in corporate history. Shareholders are scheduled to vote on the package this November. The proposal comes less than a year after…
How China and India Are Handling AI Through Corporate Governance and the Law
As technology’s importance to companies grows, so does the need for what we call “digital governance:” leveraging technology within governance structures and managing the risks it presents. In a recent paper, we examine how China and India are addressing these two tasks, and we do so by focusing on the impacts of hard and…
How Artificial Intelligence Could Transform Proxy Advisory Practices
Proxy advisers play a pivotal role in corporate governance by providing institutional investors with recommendations on how to vote at shareholder meetings. These firms influence key corporate decisions, including the election of directors, executive compensation, and governance policies, thereby exerting a substantial impact on the management of publicly listed companies around the world. Given the…
Miller Shah Discusses Robinhood’s Expansion in Tokenized Offerings and the Need for Regulation
In the summer of 2025, shares of Robinhood hit an all-time high following the announcement of ambitious plans from the e-trading giant to expand its financial services. The plans involve launching new initiatives, including Robinhood Strategies, Robinhood Banking, a prediction markets hub, and expanded crypto offerings for retail investors. Robinhood touts itself as a…
Skadden Discusses the Trump Administration’s Comprehensive Report on Digital Assets
Executive Summary
- What is new: The Trump administration’s Working Group on Digital Asset Markets released a comprehensive report outlining some 100 policy and legislative recommendations to position the U.S. as a global leader in digital assets and blockchain innovation.
- Why it matters: The recommendations provide regulatory clarifications and new frameworks across market structure, banking, stablecoins, illicit finance
…
Cleary Gottlieb Discusses White House Action Plan on AI
Last month, the White House released a report titled “Winning the Race: America’s AI Action Plan” (the “Action Plan”), which builds on an executive order released by the Trump Administration in January. The Action Plan outlines three pillars: (1) accelerating AI innovation; (2) building American AI infrastructure; and (3) leading in international AI diplomacy and…
The Governance Implications of an Important Case About AI and Fair Use
The recent federal court ruling in Bartz v. Anthropic PBC has significantly shifted the legal terrain for corporate governance and artificial intelligence. While the case directly addresses copyright issues, it has implications boards of directors, compliance departments, and AI policy.
At the core of the Bartz case lies a deceptively simple question: Can training artificial…